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prostitution in America was actually legal. However, The Decriminalization of once venereal diseases spread throughout the country, Prostitution female prostitutes were the “scapegoats” that the public chose to blame, without prostitutes’ male customers Misty Figueira receiving any of the blame, although they certainly Marilyn Monroe, Jayne Mansfield, and Ann-Margret held responsibility and partook in the acts as well are all well known names, but not because of their (Carrasquillo 2014: 702-703). In the 1900s, prostitution accomplishments: they are well known for being sex continued to increase not only in the United States, but symbols. Unfortunately, this is common: Hollywood and around the world, with the United States military and Western culture often “sell sex” in order to make money, various wars that helped to globalize prostitution (Ivie and the main focus is placed on someone’s body rather 2013: 54). This is when laws that were meant to regulate than on the actual person. However, in a society that prostitution and attempt to end human sex trafficking in heavily sexualizes and objectifies women as a marketing the United States were created. Examples of such laws tool, one would think prostitution and sex work would are the Mann Act, which “...imposed heavy penalties on be legal. This is often not the case. In fact, countries transporting, or in any way aiding, abetting, or causing around the world have struggled with whether or not the transportation of women from one state to another for to legalize prostitution. But why is something that is so an ‘immoral purpose’” (Johnson 2014: 703). This law was heavily pushed onto consumers through social media, meant to fight human trafficking (Johnson 2014: 703), magazines, and movies, illegal, especially when it while the Standard Vice Repression Law of 1919, worked happens so frequently? The unfortunate answer is simple: towards criminalizing prostitution entirely (Deady 2011: the criminalization of prostitution is a patriarchal way to 525). By the year 1925, prostitution became illegal in continue to exploit, control, and keep women in a lower every state (Johnson 2014: 723), with Nevada working position of power that prohibits them from rising up and to legalize it in the next few decades. Through these ultimately, from reaching equality with men. different events, eras, and policies, one thing remained Sex work, as defined by Ronald Weitzer (2010), “... constant: the constant degradation, stereotyping, and involves the exchange of sexual service, performances, commodification of women as prostitutes. or products for material compensation. It includes Unfortunately, the history and globalization of activities of direct physical contact between buyers and prostitution has led to the current situation. The general sellers (prostitution, lap dancing) as well as indirect consensus in the United States, save for the state of sexual stimulation (pornography, stripping, telephone Nevada, is that prostitution is illegal. As Kathleen Barry sex, live sex shows, eroticwebcam performances). The (1995) writes, “Regardless of which legal approach to sex industry refers to the workers, managers, owners, prostitution a given state adopts, a form of prostitution- agencies, clubs, trade associations, and marketing -visible street solicitation, which is usually the lowest involved in sexual commerce, both legal and illegal category in the prostitution hierarchy-- singles out varieties” (1). While most of these types of sex work women for social and legal condemnation and are legal, such as stripping, exotic dancing, webcam punishment. Street prostitution is illegal or unacceptable performances, and so on, prostitution, which is the act in most countries. Because it is visible, it is the source of selling sex for money (Carrasquillo 2014: 697), is still of the most frequent arrests, fines, and imprisonment of considered a crime in many places, that, sadly, women prostitute women” (220). Currently, depending on if they go to prison for. While often referred to as one of the are a first time offender and the state, women can face “oldest professions”, prostitution can be found in most between months and years in jail, in addition to paying early civilizations and various historical eras. Scholars thousands of dollars in fees (Anon 2018:“US Federal argue that since 2400 B.C.E. prostitutes have been treated and State...”). Historically, in the United States, laws disgracefully and as part of the lowest class (Carrasquillo regarding prostitution have targeted the seller of sex, but 2014: 699). Prostitution was also a common profession not the buyer. Since, statistically, there are more female in Ancient Greece and Ancient Rome, and is mentioned prostitutes than there are male prostitutes, these laws throughout the Christian bible. Continuing from ancient most often target and affect women (Johnson 2014: 720). periods of time into the Victorian Era, prostitutes When prostitution in the United States was legal, though continued to be characterized and socially viewed as frowned upon, prostitutes were “...punished under a “...‘ruined victim’ or a ‘victimizer’ who destroyed the lewdness or nightwalking statutes. Prosecutors and police public” (Ivie 2013: 53). This is when the dehumanization enjoyed wide discretion, and they used this discretion to and stereotyping of female prostitutes began to take protect johns [(male clients)] while punishing prostitutes. hold (Ivie 2013: 53). The Progressive Era expanded As a consequence, johns were never charged in equal on this, but claimed that female prostitutes could be proportion to prostitutes, and even when men were rehabilitated back into society, and that they could still charged as customers, they were convicted at lower be good mothers and wives. As Tesla Carrasquillo (2014) rates and received lighter sentences, usually fines, while writes, “Prostitutes are [and were] often considered women were imprisoned” (Johnson 2014: 720-721). dirty, used, disease-ridden, pathetic, and worst of all, Sadly, not only were women being punished unfairly dispensable” (697-698). Despite all of this, in the 1800s 7 University of Hawai‘i at Hilo HOHONU 2019 Vol. 17 for their crimes more than men, but they were also physical and sexual abuse, and to violent victimization being abused as well. In her article, “Asset Theory and while in prostitution. The existing data suggest that almost Prostitution: The Implications of U.S. Prostitution Policy all who are in prostitution suffer from at least one of the and Ideology on Asset Building Strategies”, Allison Ivie following types of disorders; dissociative, posttraumatic, discusses how criminalizing sex work has not protected mood, or substance abuse” (Ross, Farley, and Schwartz women from police abuse, nor has it done anything 2003: 199). Unfortunately, many of the women who to help eliminate the market (56). What is appalling is are involved in prostitution are in lower socioeconomic that state governments ensure that this harmful cycle classes, suffer from a disorder, and are more exposed remains in place: by criminalizing prostitution, the to venereal diseases. These women need help, but are stigma surrounding it and prostitutes remains intact, frequently unable to get it and are forced to resort to which moves states towards the goals of eradicating prostitution. it (Carrasquillo 2014: 704). This, by extension, keeps So where does the solution to this widespread women prostitutes in positions that do not allow them problem lie? There is certainly strong support for both to exit their current employment position and, therefore, legalizing and trying to abolish prostitution. In the does not allow them to move into higher socioeconomic United States the debate over whether or not prostitution classes. Additionally, these laws have been harmful to should be legal has grown recently, and those against female prostitutes’ physical health. “Over time, however, it readily point out negative factors of doing so (R. public health research has conclusively demonstrated Barri Flowers 1998: 153). On one hand, there are that criminal laws on prostitution and HIV significantly those who believe that legalizing prostitution only impede the ability of sex workers to access services and to perpetuates the systematic injustice that keeps women live without the stigma and blame association with being in subordinate classes. Additionally, many believe that a transmitter of HIV” (Ahmed, Baskin, and Forbes 2016: the complete eradication of prostitution would help to 355). Not only are the current laws systematically sexist prevent venereal diseases from being spread, lead to and inadvertently target women sex workers, but they crimes connected to prostitution being reduced, and are also harmful to the public’s health. This is because stop the sexual exploitation of women (Carrasquillo the stigma surrounding HIV and prostitution is so great 2014: 704). As Barry (1995) argues, “There is no legal that sex workers, and those associated with sex workers, approach to prostitution that isn’t abusive and doesn’t may decline to get tested and seek treatment because exploit women. Each patriarchal state system in its own of the shame associated with HIV and prostitution. way locks women into prostitution. In prohibitionist Unfortunately, “...enforcement of prostitution laws systems, where prostitute women are criminals, they can against the sellers of sex disproportionately harms hardly expect justice to turn in their favor or protection women….courts should act to end this practice by to be granted to them. Where prostitution is legally recognizing the defense of discriminatory enforcement accepted and regulated, the exploitation of prostitutes of prostitution laws” (Johnson 2014: 718). by pimps and customers is forgotten. Where prostitution Even with its illegal status, many women rely on this is tolerated, prostitutes are still hassled on the streets. profession as a source of income, either to supplement All legal approaches to prostitution is a necessary and what they already earn or as their primary source. Due inevitable sexual service required by men. States’ laws to the stigma and illegality, exact statistics on female promote men buying women for sex and support social prostitutes in the United States is nearly impossible to hatred of women for doing it” (222). Barry (1995), and come by; with this in mind, it is estimated that in the those against the decriminalization of prostitution, United States the number of women who are involved are not wrong; there are many valid reasons for being in prostitution is between one to twelve percent (Ivie opposed to legalizing prostitution. 2013: 55). Studies have shown that majority of female On the other hand, there are those that continue to prostitutes, about seventy percent (based on available believe that prostitution should be legalized. There are data), are mostly single mothers who are working to different reasons for this: for example, it is argued that support their families, and who do not have much access prostitution will continue on regardless of what laws to affordable childcare and housing (Ivie 2013: 55). there are, so decriminalizing and legalizing prostitution Without many other choices due to lack of assistance would help to regulate the system, protect women, and resources from the government, many women turn eliminate pimps, and combat human trafficking, which to prostitution as a temporary choice to a permanent is an increasing problem. Additionally, decriminalizing problem. Unfortunately, as Barry (1995) states, “Women prostitution could help to address and treat the HIV in street prostitution are among the poorest, the most epidemic that is happening within our country, possibly vulnerable and victimized women” (220). In addition more than any other intervention in the United States to this, “Dissociative disorders are common among (Ahmed, Baskin, Forbes 2016: 355). We already know those in escort, street, massage, strip club, and brothel that the laws that have been in place for nearly over a prostitution, and are frequently accompanied by century have done little to alleviate the situation and posttraumatic stress disorder, depression, and substance the problems that cause women who turn to prostitution abuse. These in turn are linked to high rates of childhood in the first place. As Barry (1995) argues, “Consistently

8 University of Hawai‘i at Hilo HOHONU 2019 Vol. 17 across societies, women in street prostitution are hassled and fined, but never to the point of being totally removed References from the streets, where they are always available for Ahmed, Aziza, Sienna Baskin, and Anna Forbes. male customer demand” (221). Essentially, continuing to make all forms of prostitution illegal, especially with Transmission: Mapping the Laws, Considering the unfair laws, will allow for the unfair treatment and Consequences.” Denver Law Review negative stigma to continue. 388. Unfortunately, there is no clear cut answer to this problem. What we do know is that in majority of the country, prostitution is illegal, and the illegalization and Related Punishments - Legal Prostitution has done little to negate the problem. Though, as Tesla Carrasquillo (2014) writes, “...each alternative to (https://prostitution.procon.org/view.resource. criminalization [of prostitution] has its flaws and can yield unintended results” (698). With that in mind, The Prostitution of Sexuality: perhaps there needs to be something that has not been The Global Exploitation of Women. New York and done yet. What if the United States created policies London: New York University Press. that changed the stigma and the negative connotations around prostitution? If there were positive connotations and the Need for Reform.” Touro Law Review around prostitution, then female prostitutes would 6977-721. be treated differently. What if the policies changed to allow prostitution in more states than just Nevada, but Comparative Approach to Prostitution Laws and limited the amount of positions that were open? This could change the mindset that female prostitutes are Washington and Lee Journal disposable. And to continue this, what if there were of Civil Rights and Social Justice specific requirements for prostitutes to be eligible to Flowers, Barri R. 1998. The Prostitution of Women and apply? In the past few centuries, prostitutes have been Girls regarded as the lowest of the low, dirty, and people that no one really wants to be around. What if, to combat this, prostitutes were required to hold or be currently pursuing at least an associates degree, undergo biweekly on Asset Building Strategies.” Women’s Policy physical exams, and were only allowed to be employed Journal of Harvard for a certain number of years? This would change the Khan, Mohsin Saeed, Eva Johansson, Shakila Zaman, “dirty” and “useless” mindset around female prostitutes, Magnus Unemo, Naveed Rahat, and Cecilia Stalsby and could work to combat the negative connotations surrounding them. What if prostitutes had reputations of being educated, healthy women? Not only would this Pakistan”. Health Care for Women International help the health of women, but it would help to give them some agency. Women would be able to use prostitution as a way to get themselves into higher socioeconomic Ending the Discriminatory Enforcement of classes and ultimately, be able to build healthier, better Prostitution Laws.” Texas Law Review 92(3): 717- lives. 748. As Khan, Johansson, and Zaman et. al (2010) argue, Ross, Colin A., Melissa Farley, and Harvey L. Schwartz. “Emphasis on the strategy to stop selling sex and reenter mainstream society do[es] not fully address the factors Journal of Trauma Practice 2(¾): 199-212. that influence females to initiate and sell sex“ (366). It is Sex for Sale: Prostitution, often said that prostitution is a victimless crime, but that Pornography, and the Sex Industry. 2nd Edition. is not true. Female prostitutes are the victims, because New York: Routledge. of the systemically sexist and oppressive laws that have been and are currently still in place. It is simply not enough to try to eradicate or legalize prostitution; we must look at and address the factors that lead women to prostitution in the first place, otherwise, this “victimless” crime will continue to claim more womens’ futures.

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